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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 70E

Entering or remaining on Aboriginal land--roads within communities

             (1)  Subject to this section, a person may enter or remain on a road that is within community land if the entry or remaining is not for a purpose that is unlawful.

Note:          See section 70A for the definition of community land .

             (2)  However, subsection (1) does not apply to a road that is specified in a determination under subsection (3).

             (3)  The Minister may, by written determination, specify roads for the purposes of subsection (2). A road may be specified by reference to a start point and end point. A road specified under this subsection includes that road as it lies from time to time.

             (4)  A determination made under subsection (3) is not a legislative instrument.

             (5)  The Minister must ensure that notice of a determination under subsection (3) is given in the manner the Minister thinks appropriate.

             (6)  A failure to comply with subsection (5) does not invalidate the determination.

Limitation

             (7)  Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

             (8)  For the purposes of subsection (7), the regulations may provide that specified provisions of a law of the Northern Territory apply in relation to a road to which subsection (1) applies as if the road were open to or used by the public.

             (9)  Subsection (8) does not limit subsection (7).

No obligation to maintain roads

           (10)  The Land Trust concerned is under no obligation to maintain a road to which subsection (1) applies to a level that is suitable for use by the public.

Protection from liability

           (11)  No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).

No limit on section 19 or 19A

           (12)  This section does not limit the application of section 19 or 19A in relation to a road to which subsection (1) applies.

Temporary restrictions

           (13)  This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a road to which subsection (1) applies for the purpose of:

                     (a)  protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

                     (b)  protecting public health or safety.

           (14)  Subsection (13) does not apply in relation to a road that is within community land that is leased to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of:

                     (a)  protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

                     (b)  protecting public health or safety.

           (15)  If a road to which subsection (1) applies is covered by a lease to a Commonwealth entity or an NT entity under section 19A:

                     (a)  in the case of a Commonwealth entity--the Executive Director of Township Leasing referred to in section 20B; or

                     (b)  in the case of an NT entity--the NT entity;

may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of protecting public health or safety.

           (16)  The Executive Director of Township Leasing referred to in section 20B may, by writing, delegate his or her power under subsection (15) of this section to an APS employee in the Department.

           (18)  Subsections (13), (14) and (15) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.

           (19)  A determination made under subsection (14) or (15) has effect accordingly.

           (20)  A determination made under subsection (14) or (15) is not a legislative instrument.

           (21)  The person making a determination under subsection (14) or (15) must ensure that notice of the determination is given in the manner the person thinks appropriate.

           (22)  A failure to comply with subsection (21) does not invalidate the determination.



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